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Ilyashev & Partners Advised KuibyshevAzot in the Anti-dumping Investigation Related to Import of Fertilizers

News date: 5 January 2017

The International Trade team of Ilyashev and Partners successfully represented PJSC KuibyshevAzot in the anti-dumping investigation related to import into Ukraine of certain nitrogen fertilizers – urea and urea-ammonia mixture – of Russian origin, which are classified according to UKTFEA by codes 3102 10 and 3102 80 00 00.

Due to the chosen protection tactics, in the framework of an anti-dumping investigation for our Client the Ministry of Economic Development and Trade (MEDT) calculated an anti-dumping margin at the level of 0%. According to the review of report, materials and conclusions on the results of the anti-dumping investigation the Interdepartmental Commission on International Trade took a decision number AD-363/2016/4411-05 on the application of anti-dumping duty at the level of 4.19% for 5 years for the PJSC KuibyshevAzot, which is well below the level of anti-dumping duty of 18.78% and 31.84%, calculated for the other Russian exporters.

This result will allow our Client to stay competitive in the Ukrainian market, while farmers – fertilizer consumers of PJSC KuibyshevAzot to save the production cost of agricultural products.

Anti-dumping duty has been calculated with the application of a controversial methodology to construct the normal value of the goods, taking into account adjustments for the gas prices.

The decision of the Interdepartmental Commission on International Trade will enter into force 60 days after publication of the notice of the decision of the commission in the newspaper Uryadovy Courier (Governmental Courier) on December 30, 2016 №248 (5868).

Recall that in 2014 the Interdepartmental Commission on International Trade adopted the anti-dumping duty at the level of 20.51%-36.03% for the import to Ukraine of ammonium nitrate origin of the Russian Federation, using the above methodology. After that, the Russian Federation filed a complaint with the WTO, and has initiated the dispute in the case DS 493 «Ukraine – Ammonium Nitrate (Russia)».